NY Assembly 9762 | NNA
Law

NY Assembly 9762

Notary Law Update: NY Assembly 9762

State: New York

Summary:

Assembly 9762 allows an affidavit to be signed under penalty of perjury overseas without the intervention of a Notary or officer authorized to administer oaths.

Signed:  September 23, 2014

Effective:  January 01, 2014

Chapter: 380

Affects:

Amends Rule 2106 of the Civil Practice Law and Rules

Changes:
  1. Allows an affidavit to be signed under penalty of perjury if the affiant is located outside of the geographical boundaries of the United States.
  2. Accords to an unsworn declaration for an affidavit executed outside of the geographic boundaries of the United States the same legal standing as a sworn affidavit.
  3. Provides a form for an unsworn declaration.
Analysis:

According to the memo issued by the legislature on Assembly 9762, current law requiring an affidavit to be sworn to before an officer authorized to administer oaths has made it extremely burdensome to have affidavits notarized in foreign countries. Questions often arise as to who would be the appropriate official that would be equivalent to a New York Notary and whether the affidavit obtained in a foreign country may be unusable in New York litigation. Commercial litigants with international cases in New York courts must go to extraordinary lengths to obtain affidavits notarized overseas. This in turn detracts from the desirability of New York as a forum for international commercial disputes and for maintaining New York as an international commercial center.

Read the bill text.

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